TROY -- The retrial of Democratic Board of Elections Commissioner Edward McDonough continued Monday with prosecution witnesses, and an appearance by Councilman Kevin McGrath, D-District 1.

Brought before the court by the special prosecutor, Trey Smith, were three witnesses who claim their votes were stolen. The three witnesses testified in regards to McGrath's activities during the 2009 Working Families Party primary, and McDonough's alleged intent to defraud voters.

In the late spring and early summer of 2009, McGrath was going door to door around District 1 trying to drum up support for his bid to sit on city Council. McGrath was trying to capture the minor party lines -- Conservative, Independence, and Working Families Party -- by registering voters and helping them fill out absentee ballots, so as to give him a better chance in the election.

The political wisdom is the candidate with more party lines in an election has a much better chance of winning.

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While at a friend's house, McGrath approached Thomas Dickinson, a screen printer for 20 years and a childhood friend of McGrath's from Lansingburgh. He convinced Dickinson to register with the Working Families Party, and later brought him an absentee ballot application. Dickinson had never before voted, and after filling out part of the application, he never received a ballot. Dickinson testified Monday that someone else had filled out his absentee ballot.

A similar story was recounted by Jon H. Gilbert Jr., another of McGrath's childhood friends. He was approached at his home on Fourth Street by McGrath, who convinced him to fill out a voter registration card, and then part of an absentee ballot application. He also testified that someone else used his absentee ballot to vote.

McGrath then brought Dickinson and Gilbert's absentee ballot applications, along with many others, to McDonough in his office at the Board of Elections.

What is now alleged -- and was put forth in McDonough's first trial which ended in a hung jury for him and former Councilman Michael LoPorto, who was found not guilty at a later trial -- is that McDonough took both applications, saw that the excuse line on each was blank, and then asked McGrath what Dickinson did for a living. McGrath answered that he was a screen printer and then, McGrath explained on the stand, McDonough proceeded to write "screen printing conference in Syracuse." He testified that the commissioner also filled in Gilbert's excuse line, but this time writing "on vacation in South Yarmouth, Cape Cod."

Gilbert testified that he did not own a car at the time, and would not have the means to have been in Cape Cod.

In the first trial McDonough's attorney, Brian Premo, aimed to impeach the councilman's testimony by highlighting his past involvement in a drug ring. There are indications Premo may be aiming to accomplish the same in this trial.

During testimony, Dickinson stated he knew of the councilman's former reputation as both a high school sports star--and a drug dealer. Building on this, Premo questioned Gilbert on cross-examination about his former drug habit, and Gilbert confessed to not only knew McGrath's reputation, but had bought drugs off him.

In 1998, McGrath was convicted of a felony in connection with taking part in a conspiring to sell over a hundred pounds of marijuana.

McGrath characterized that criminality as part of a former life, and that the conviction was years ago, and since then he has tried to devote his life to the community, and especially to the kids through participation in various youth sports programs.

"I was trying to better the neighborhood," McGrath said about his choice to run for Council.

Jennifer Taylor, another disenfranchised voter, also took the stand Monday.

Four have plead guilty already in ballot fraud case, now over a month into its third year. Last December political operatives Anthony Renna, Anthony DiFiglio, and former Councilman John Brown each plead guilty to a felony. They join former City Clerk Bill McInerney, who plead guilty to one felony in August of last year in exchange for testifying against other Democrats. DiFiglio lost his job at the Troy Housing Authority and as part of his plea, McInerney quit his job as city clerk and will spend time at the Sheriff's Department work order program. Brown is looking at six months in jail when he is sentenced.

The trial has McDonough on 73 counts related to voter fraud, and is expected to take four weeks.

Testimony will continue at 10 a.m. this morning in front of Judge George Pulver.